Gettysburg Borough Council Meeting – 3/13/2023

orough of Gettysburg
Council Business Meeting Agenda
March 13, 2023 – 7:00 PM
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I. Council – Call to Order President Heyser
II. Moment of Silence and Pledge of Allegiance President Heyser
III. Welcome and Opening Remarks President Heyser
IV. Announcements President Heyser
An executive session of the Borough Council of the Borough of Gettysburg was
conducted immediately following the February 27, 2023 work session meeting of the
Borough Council consistent with section 708(a)(1) and section 708(a)(5) of the
Sunshine Act for the following purposes: (1) to discuss matters involving the
employment and the terms, conditions and benefits of employment of Borough
employees; and (2) to review and discuss matters of Borough business which, if
conducted in public, could lead to the disclosure of information or matters of
confidentiality protected by law.
V. Approval of Agenda and Minutes – Council
A motion to approve the March 13, 2023 agenda as presented.
A motion to approve minutes of the Council Meeting of February 13, 2023 and the
Council Work Session on February 27, 2023 as presented.
VI. Special Presentation
Bob Mcllhenny – 20th Anniversary of the design of the Official Flag of the
Borough of Gettysburg was adopted on March 10, 2003
VII. Public Comment (Restricted to Items on the Agenda)
VIII. Current and Old Business
A. Department of Planning /Zoning/Code Enforcement
1. Departmental Report Carly Marshall
B. Department of Historic & Environmental Preservation
1. Departmental Report Debra English
2. Motions Needing Council Action
A motion to accept the recommendations of the Borough of Gettysburg Historic
Architectural Review Board (HARB) following its review on February 15, 2023 and
grant Certificates of Appropriateness for the following applications as presented:
COA 23-0002 MAJOR PROJECT: 317 Baltimore Street – Diane Bertoli to approve
the demolition of an existing garage and construction of a new garage as presented to
the board in the application dated January 10, 2023; COA-230007 MAJOR
PROJECT: 43-45 E. Middle Street – Doug Miller to change prior COA approval
Borough of Gettysburg
Council Business Meeting Agenda
March 13, 2023 – 7:00 PM
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dated May 18, 2011 exterior façade of existing garage in the application presented to
the board dated February 6, 2023 (excluding Paragraph 2 of scope in this motion for
change of use and internal modification for non-personal use).
C. Parking Department
1. Departmental Report Becka Fissel
D. Public Works Department
1. Departmental Report Robert Harbaugh
E. Borough Engineer
1. Engineer Report Chad Clabaugh
2. Motions Needing Council Action
A motion to award the construction contract for the 2023 Racehorse Alley Parking
Garage Maintenance project to the lowest responsible and responsive bidder
__________________ at its bid amount of $______________________ .
F. Police Department
1. Departmental Report Chief Robert Glenny
G. Office of the Manager/Treasurer
1. Borough Secretary’s Report Sara L. Stull
2. Borough Manager’s Report Charles R. Gable
3. Motions Needing Council Action
A motion to approve all bills and payrolls for the month as presented.
A motion to authorize a COLA increase for retired police pensioner Cytha Grissom,
to be paid from the Police Pension Plan effective February 1, 2023.
A motion to authorize the entry into a Memorandum of Understanding with
the Gettysburg Garden Club relative to the operation of the Gettysburg
Downtown Flower Project for a four (4) year term expiring on December 31,
2026. Charles R. Gable, MPA, Borough Manager, is hereby authorized to
execute and deliver the Memorandum of Understanding on behalf of the
Borough of Gettysburg.
IX. Reports
A. Liaison Reports
1. MSG Jill Sellers
Main Street Gettysburg
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Council Business Meeting Agenda
March 13, 2023 – 7:00 PM
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2. GARA Chad-Alan Carr
Gettysburg Area Recreation Authority
3. GMA Christopher Berger
Gettysburg Municipal Authority
4. SAHGB Judith Butterfield
Steinwehr Avenue Heart of Gettysburg Battlefield
5. ACBA Mayor Frealing
Adams County Boroughs Association
6. ACCOG Judith Butterfield
Adams County Council of Governments
7. HABPI Patricia Lawson
Health Adams Bicycle Pedestrian, Inc.
8. ACTPO Judith Butterfield
Adams County Transportation Planning Organization
9. Overdose Awareness Task Force Matt Moon
10. Trail Feasibility Study Christopher Berger
B. Other Reports
1. Recycling Report Judith Butterfield
2. Gettysburg Fire Department Report
3. Adams County EMS Report
X. Elected Official’s Comments
A. Mayor Rita Frealing
B. Wesley Heyser
C. Matthew Moon
D. Judith Butterfield
E. Patricia Lawson
F. John Lawver
G. Christopher Berger
H. Chad-Alan Carr
XI. Public Comment
XII. Adjournment
Borough of Gettysburg
Council Business Meeting Agenda
March 13, 2023 – 7:00 PM
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RESOLUTION 120808
RULES AND REGULATIONS OF THE BOROUGH COUNCIL OF THE BOROUGH OF GETTYSBURG
REGARDING CONDUCT OF ALL MEETINGS OPEN TO THE PUBLIC AND THE MAINTENANCE OF
ORDER AT SUCH MEETINGS OF THE BOROUGH OF GETTYSBURG, ADAMS COUNTY,
PENNSYLVANIA.
WHEREAS, pursuant to the laws governing open meetings, 65 Pa.C.S. § 701 et seq. (hereinafter the “Sunshine Act”), an
agency may establish reasonable rules and regulations for the conduct of its meetings and the maintenance of order at such
meetings; and
WHEREAS, the Borough of Gettysburg, Adams County, Pennsylvania (hereinafter the ”Borough”) is an “agency” of the
Commonwealth of Pennsylvania as defined by the Sunshine Act; and
WHEREAS, on December 8, 2008 at a duly advertised general monthly business meeting of the Borough Council of the
Borough of Gettysburg, Adams County, Pennsylvania (hereinafter the “Borough Council”), the Borough Council adopted by
Resolution No. 120808 rules and regulations for the conduct of public meetings of the Borough Council including guidelines
for public comment, conduct and protocol and use of recording devices at such public meetings. Said Rules and
Regulations became effective on January 1, 2009 and have remained in full force and effect since that date; and
WHEREAS, on February 8, 2016, the Borough Council subsequently adopted as its new official rules of order for the conduct
of its meetings The Modern Rules of Order: A Guide for Conducting Business Meetings, Fourth Edition, PBI Press
(hereinafter the “Modern Rules”) to be used as a general guide for the conduct of meetings; and
WHEREAS, the purpose of this document is to update, amend, revise, restate and further set forth the rules and regulations
regarding the conduct of public meetings of the Borough Council and the maintenance of order at such public meetings,
including guidelines for public comment, conduct and protocol and the use of recording devices at such meetings.
NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Gettysburg, Adams County,
Pennsylvania, and it is hereby adopted by the authority of the same as follows:
1. SCOPE OF PUBLIC COMMENT: The scope of public comment , as defined in the Sunshine Act, shall be limited to
matters of concern, official action or deliberations which are or may come before the Borough Council prior to its taking
official action. These matters are defined by the Borough Code which sets forth the powers and responsibilities and
delineates the corporate and specific powers of the Borough Council. Public comment is not intended for the purpose
of solely reciting or reading legislation, ordinances or other such documents.
2. PROCEDURES FOR ACCEPTING PUBLIC COMMENT:
a. REGULAR OR SPECIAL MEETINGS OF BOROUGH COUNCIL
(1) Resident or Taxpayer: The Borough Council shall provide a reasonable opportunity for public
participation of residents or taxpayers of the Borough at or near the beginning of each regular or special
meeting in order to comment on all matters listed for official action and to comment on any other
matters of concern or deliberation which are or may come before the Borough Council. In the course
of each regular or special meeting, residents or taxpayers of the Borough may also be recognized at
the discretion of the Borough Council president, vice president or president pro tempore (hereinafter
the “presiding officer”), whoever is presiding over the meeting on behalf of the Borough Council, in
order to provide comments or information which may be helpful to the Borough Council in its
deliberations on matters before the Borough Council and particularly on matters which have been
added to the meeting agenda following the commencement of the meeting. The Borough Council
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shall also provide a reasonable opportunity for public participation of residents or taxpayers of the
Borough at or near the end of each regular monthly business meeting or each special meeting in order
to comment on all matters listed for official action and to comment on any other matters of concern
or which are or may subsequently come before the Borough Council.
(2) Non-Resident or Non-Taxpayer: Extending the courtesy of public comment to nonresident or non-
taxpayer individuals is discretionary on the part of the Borough Council and its presiding officer. If a
nonresident or non-taxpayer wishes to address the Borough Council on a matter for official action
or a matter of concern, the Borough Council may extend the courtesy of public comment and may
want to provide for such comment, especially if the individual has information that may be
helpful or which is in the best interests of the Brough for the Borough Council to receive
and consider.
(3) Time Limits: The purpose of a time limit is to assure that all wishing to speak have the opportunity
to do so, that all shall have generally an equal opportunity to speak, that Borough Council shall
receive all comments on matters for official action prior to voting on such matters, and that the
Borough Council shall be able to conduct the required business of the meeting agenda.
Generally, each person to address the Borough Council shall be provided a maximum of five (5)
minutes.
If a time limit of fewer than five (5) minutes is to be utilized for each person to provide public
comment to the Borough Council at an open meeting, it shall be indicated at the beginning of the
public comment portion of the meeting. In no case shall a time limit of fewer than two (2) minutes
be designated for each resident or taxpayer of the Borough to provide public comment.
If a strict time limit on public comment is to be utilized, the presiding officer shall designate a
timekeeper. The speaker will be told when one (1) minute remains on his or her time to provide
public comment.
If after one-half (1/2) hour public comment has not been completed, the presiding officer may
ask by show of hands those persons desiring to speak to agenda items, and those desiring to
speak to other matters of concern. The presiding officer may, within his or her discretion, defer
public comment on the other matters of concern until the designated public participation period
near the end of the meeting or to the next regular monthly business meeting of Borough Council
or to a special meeting occurring in advance of the next regular monthly business meeting.
(4) Agenda: A resident or taxpayer of the Borough may request to be placed on the agenda for the
public participation period of a regular meeting, special meeting or work session meeting of the
Borough Council. Such request must be made directly to the Borough through the Borough
Secretary a minimum of three (3) business days prior to the date of the open meeting.
(5) Sign-in Form: When it becomes known, either in advance of a meeting or upon arrival to a
meeting, that there may be many persons wishing to comment, theBorough S ecretary may have
a sign-in-form available and require that all those present who desire to make public
comment sign up to speak. This form will provide name, address, and indicate whether
the matter is an agenda item for action or other matter of concern.
After review of the sign-in form, the presiding officer shall determine if a time limit of less than five
(5) minutes for public comment of each speaker is required.
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Council Business Meeting Agenda
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b. WORK SESSIONS/COMMITTEE MEETINGS:
Work sessions and committee meetings are non-voting meetings held to gather information, work
on items to get ready for consideration of placement on the agenda of a subsequent regular or
special meeting, and to prepare the agenda of items for official action ata subsequent regular or special
meeting of the Borough Council. It shall be the policy of the Borough Council to provide for a period of
public participation and comment on matters of concern within the allowed scope at the beginning
of each work session or committee meeting. The Borough Council shall also provide a reasonable
opportunity for public participation and comment of residents or taxpayers of the Borough at or near
the end of each work session or committee meeting. Given the topic or topics of the work session
or of the committee meeting, the required participation of other professionals or consultants, the
presiding officer or committee chair, as appropriate, may set a time limit on the period for public
participation and comment or may defer public participation and comment to the end of thework
session or committee meeting.
3. CONDUCT AND PROTOCOL:
a. All public comment shall be directed to the presiding officer, who may, at his or her discretion, provide
response as appropriate. This shall include comment related to any presentation made to Borough
Council. In those instances, the presenter, when asked to make responses, shall do so by and through
the presiding officer.
b. If a member of Borough Council has information which he or she wishes to offer, the member may request
to be recognized and then provide the information to the presiding officer. The presiding officer may also,
at his or her discretion, request or offer a member of Borough Council the opportunity to respond to a
comment.
c. The public and the members of Borough Council are at all times to demonstrate mutual respect and
decorum. The members of the Borough Council are not to engage members of the public in argument,
nor are members of thepublic to speak out from their seat nor engage members of Borough Council in
discussion or argument. Any Borough Council members or members of the public engaging in any such
conduct shall be called out of order by the presiding officer.
d. Comments that make statements of personal attacks or statements that could be construed as being
libelous, slanderous, or that defame the character of any elected or appointed Borough official or any
member of the public shall not be permitted.
e. Comments of a partisan political nature to speak either in favor of or in opposition to any political candidate
shall not be permitted.
f. On those occasions when a topic or issue is brought forward during a public participation and comment
period that a member of Borough Council would like an opportunity to discuss, the member may request
that Borough Council take up this item under the appropriate category of the agenda for discussion or for
future action.
g. The Modern Rules shall be used as a guide for public meetings. However, any actions by the Borough
Council, which may not be in strict accordance with the Modem Rules or these Rules and Regulations,
shall not be deemed invalid or illegal unless and except any federal or state law is violated.
Borough of Gettysburg
Council Business Meeting Agenda
March 13, 2023 – 7:00 PM
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4. USE OF RECORDING DEVICES:
a. Recording devices, including tape recorders, video cameras, television cameras, microphones, cameras,
wireless or cellular telephones, and other similar mechanical, electric or electronic devices shall generally
be permitted in public meetings. However, no recording devices which produce sound which is distracting
to the audience or to meeting participants shall be permitted. No recording devices shall be permitted
prior to the commencement of a public meeting, following the adjournment of a public meeting, during a
recess of a public meeting, during a conference held pursuant to § 707(b) of the Sunshine Act, or during
an executive session of the Borough Council held pursuant to § 708 of the Sunshine Act.
b. Recording devices shall be operated from the area set aside for the general public so as not to interfere
in any way with the activities of the Borough Council or the ability of other members of the general public
to observe the Borough Council.
c. Recording devices shall be positioned only in certain locations designated by the Borough Council or by
the Borough Manager, which designation shall provide reasonable access to record the proceedings
without distraction of blocking the view of the audience and without being affixed to or occupying spaces
on furniture, walls or fixtures in the meeting room.
d. Only available light shall be used for recording devices unless prior approval for additional lighting is
granted by the Borough Manager in consultation with either the president or the vice president (if the
president is unavailable) of Borough Council.
e. Movement about the room while a meeting is in progress may be distracting and bothersome to the
audience and to meeting participants. Persons operating recording devices shall remain in a single,
designated location during the meeting and shall not be permitted to move about in order to record while
the meeting is in progress.
f. No recording device may be operated prior to a meeting being called to order, while a meeting is in recess,
or after a meeting is adjourned.
g. No recording device may be used to record private conversations between audience/ members, elected
or appointed Borough officials or others whose comments or questions are made privately and not
intended for public circulation or disclosure.
h. Operators of recording devices, who violate these Rules and Regulations and who do not immediately
remedy the violation at the request of Borough Council, shall not be permitted to continue recording during
the meeting.
5. PRIOR RULES AND REGULATIONS SUPERSEDED:
Following the adoption and the taking of effect of these Rules and Regulations, the same shall supersede and
supplant the prior Rules and Regulations adopted by Resolution No. 12808 on December 8, 2008.
6. AMENDMENTS:
The Borough Council may adopt amendments to these Rules and Regulations from time to time in order to comply
with the Sunshine Act or as it deems necessary to further ensure order in the conduct of meetings which are open
to the public.
Borough of Gettysburg
Council Business Meeting Agenda
March 13, 2023 – 7:00 PM
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7. POSTING:
A copy of these Rules and Regulations shall be conspicuously posted at the Borough offices at 59 East High Street,
Gettysburg, Pennsylvania 17325.
8. EFFECTIVE DATE:
These Rules and Regulations shall take effect upon adoption and shall be used in the conduct of subsequent
regular and special meetings, work sessions and committee meetings of the Borough Council of the Borough of
Gettysburg.
9. ADOPTED on this 13th day of June, 2016, at a duly at a duly advertised general monthly business meeting of the
Borough Council of the Borough of Gettysburg, Adams County, Pe